General Terms and Conditions (GTC) for the Pontresina Online Shop
1.1. The operator of the Pontresina Online Shop at www.shop.pontresina.ch (hereinafter "Online Shop") and your contractual partner is:
Via Maistra 133
hereinafter referred to as seller.
1.2. The GTC regulate the conclusion, the content, and the handling of contracts concluded between you as a customer (hereinafter referred to as the buyer) and the seller as the operator of the online shop www.shop.pontresina.ch. Within the scope of the order process, the buyer accepts the terms and conditions of the seller in the version valid at the time of placing the order.
1.3. Deviating verbal and/or telephone agreements must be confirmed in writing in order to become legally binding. The requirement of writing is also fulfilled if a declaration is made in an e-mail.
2. Conclusion of contract
2.1.. The seller sells the products offered in the online shop. Orders can only be placed by persons over 18 years of age. Customers under the age of 18 need the signature of a legal representative.
2.2.The offer for the conclusion of a purchase contract is issued by the buyer by clicking on the "Buy" button after filling in the order page.
2.3.After sending the order, the customer receives an automated e-mail with which the seller confirms receipt of the order (order confirmation). The order confirmation is merely an information that the seller has received the order.
2.4. The contract is binding if the seller accepts the order. This is the case if the seller declares acceptance of the contract. The acceptance of the contract is declared by delivery of the goods.
2.5. The contract is only valid for products which are expressly listed in the shipping confirmation. It also determines the scope of services rendered.
2.6.The contract is concluded in German. The data stored by the seller serves as proof of the conclusion of the contract and the transaction.
Since the rendering of colours on computer screens is not perfect, the seller does not guarantee that the colours of the goods correspond exactly with the colour that is displayed on the screen. There is a maximum order quantity of 100 pieces per product since the online shop is aimed at private consump-tion.
3.2. Gift certificates
: The gift certificate has no expiration date.
3.2.3. No refund
: The gift certificate cannot be refunded or exchanged for cash. No partial or residual credit disbursements are granted. If there is a residual amount on the gift certificate, it will be considered for the next purchase.
4.1. The product prices which are stated in the online shop are inclusive B-post postage within Switzerland, applicable VAT, and packing.
5. Place of fulfilment and risk assumption
5.1. The product is delivered to the place indicated by the buyer upon placing the order.
5.2. The buyer bears the risk of accidental loss or accidental deterioration of the purchased item as soon as the purchased item has been delivered for dispatch.
6. Shipping & Returns
6.1. The Seller shall not be liable for non-delivery or late delivery of products if the cause is an incorrect delivery address, absence of the recipient, or customs issues.
6.2. The delivery of the articles generally takes place within seven working days. However, the delivery period is non-binding.
6.3. The products are shipped directly by the respective manufacturers. In case of several product purchases, it is possible that more than one package will be delivered to the buyer by mail. If the manu-facturer is closed for holidays, shipping delays of a few days may occur. If an item is not in stock, the manufacturer informs the buyer about it.
6.4. BIf the products are to be shipped abroad, any customs duties will be borne by the buyer. Foods that have an expiration date are sent without exception only within Switzerland, from Monday to Thursday, by A-Post only.
6.5. All product prices are including B Post postage within Switzerland. If the package is to be delivered faster or shipped abroad, the additional postage will be charged separately. Please find the shipping costs in the following (Swiss Post reserves the right to make changes in prices and offers):
PostPac Priority privat
For orders over CHF 150.00, shipping in Switzerland is free.
PostPac International PRIORITY privat
PostPac International ECONOMY privat
7. Payment and reservation of ownership
7.1. The purchase price is paid exclusively by credit card (VISA or MasterCard). In addition to the credit card number, expiration, credit card company and the CVV/CVC code on the back of the credit card
7.2. The data for payment via credit cards is transmitted in encrypted form.
7.3. The online shop is primarily geared to the needs of private customers. Therefore additional invoices, receipts, or VAT declaration cannot be issued for the online order.
7.4. All delivered products remain property of the seller until full payment of the purchase price. The seller is entitled at all times to register the reservation of ownership in the relevant register, to withdraw from the contract in the event of a delay in payment, and to promptly reclaim the delivered goods. The purchaser herewith gives the seller the express consent to demand such registry entry.
8.1. The buyer must accept the item of purchase at the place of fulfilment.
8.2. If the buyer is in default of acceptance of the purchased goods, the seller can grant the buyer a grace period seven days and, should this period expire, either terminate the contract within 14 days and demand compensation (positive or negative contract interest) or acceptance.
9. Refund policy
9.1. The buyer has the option to exchange the goods for orders of textiles up to 10 days from receipt. Food, souvenirs, and gift certificates are not refundable.
9.2.The buyer bears the cost of the return. Shipping costs and gift packaging costs will not be refunded.
10.Seller's liability for lack of conformity of delivery
10.1. If the seller has delivered goods which lack conformity with the contract, the buyer can initially only demand that the seller remedies the lack of conformity free of charge and without disproportionate inconvenience for the buyer after the seller’s choice of repair or replacement. The buyer can set a reasonable period for the seller. If the seller has not remedied the lack of conformity within the granted period, the buyer can demand rescission. Reduction is excluded. In case of insignificant defects, there is no claim to rescission.
10.2. Warranty does not cover normal wear and tear, consequences of improper handling or damage caused by the buyer or third parties, as well as deficiencies due to external circumstances. In particular, worn, dirty, or damaged items are excluded from warranty. Incorrect storage or misjudgement (i.e., premature/delayed consumption) shall not be considered a warranty case.
10.3. Replaced products become the property of the seller.
10.4. All other liability claims of the buyer or claims arising from warranty, in particular claims for damages from direct and indirect damages (consequential damages, lost profits, etc.) shall be expressly excluded as far as permissible by law. The seller specifically disclaims any liability for the descriptions of third parties, in particular, customers, published under the customer ratings in the Pontresina Online Shop and our social media presences.
10.5. The manufacturer’s warranty remains unaffected by this exclusion of warranty.
11. Obligation of examination and notification of defects
11.1. The buyer is obligated to immediately examine the delivered products and to notify the seller about recognized defects immediately at email@example.com. Claims arising from a breach of contract which are recognizable in the course of an examination shall be forfeited if the buyer has not notified the seller without delay. The acceptance of the products shall in all cases be deemed to have taken place if the buyer has not filed a complaint by e-mail within five days after delivery.
11.2. The buyer shall immediately inform the seller about defects which were not recognizable by proper examination as described in the previous paragraph by e-mail to firstname.lastname@example.org. Otherwise the products ordered are also deemed to be accepted with regard to these defects.
11.3. The defective product must be returned with a copy of the order confirmation and a detailed description of the defect. The return address will be communicated to the buyer upon receipt of the written complaint by e-mail. The shipping costs shall be borne by the buyer.
12. Statute of limitations
12.1. The limitation of warranty claims is governed by law.
12.2. In the case of delivery of perishable goods, such as foodstuffs, the warranty claims expire after expiry of the best before date printed on the packaging.
13. Data protection
13.2. The buyer herewith consents to the storage of the personal data entered by him/her in the context of the use of the website. This also applies to the storage of the IP addresses that are transmitted during each use of the website. The buyer also consents to the use of the personal data for the personalization of advertisements and product offers placed on the website. A disclosure of personal data to the adver-tisers will not occur.
13.3. The buyer further agrees that the seller uses personal data of the buyer for direct marketing purposes. This includes the advertising of the buyer by e-mail and by mail.
13.4. By accepting the terms and conditions, the buyer confirms the correctness of the information provided and authorizes the seller to obtain all information necessary for the verification of the order from public authorities, economic agencies, and the Central Credit Information Center (Zentralstelle für Kreditinformationen, ZEK). At regular intervals, existing customers are also checked at the above-mentioned agencies.
14. Severability clause and right of modification
14.1. Should individual provisions of these General Terms and Conditions be ineffective or incomplete or should the fulfilment become impossible, the effectiveness of the remaining provisions shall not be impaired thereby. The parties to the contract undertake to replace the invalid provision with a valid and effective regulation, which, according to its content, is closest to the original intention and the econom-ic purpose pursued.
14.2. All changes or supplements to these General Terms and Conditions require a form which enables confirmability in writing, such as fax and e-mail. This also applies to a change in the requirement for the written form. As soon as the buyer makes use of the seller's services after the modification, he/she agrees to the new terms and conditions implicitly.
14.3. Any other contractual terms and conditions of the buyer, including those which the buyer declares to be applicable together with the acceptance of the contract, shall not become a contractual component. They shall only be valid if and insofar as they have been accepted expressly and in written form by the seller.
15. Applicable law/jurisdiction
15.1. This agreement shall be governed by Swiss law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (UN/Wiener Kaufrecht).
15.2. The exclusive jurisdiction is Pontresina
Kongress- und Kulturzentrum
Via Maistra 133
CH – 7504 Pontresina
+41 81 838 83 20